Statement of Case Flashcards
What is a statement of case?
Doc by which a claimant sets out the factual basis of its claim and the relief sought and defendant gives own position in relation to the alleged facts and the entitlement to relief
What docs make up statements of case?
Claim form
Reply to defence
What must statement of case start with ?
Heading
What must a statement of case contain
numbered paragraphs
page numbers
all numbers and dates in figures
reference in margin to every document mentioned that has already been filed at court
name of the person who drafted the document
statement of truth
Why does a statement of case need a statement of truth?
statement of case can only be used if it contains a statement of truth
a formal way of the person confirming the doc is true
if person signing the sot does not have beleif it is true then they can be in contempt of court - can lead to fine or imprisonment
What is the document which is the first statement of case?
The claim form
What must the claim form contain?
Names of parties
their address
the capacity in which the person is being sued
claim details which must include:
- brief summary of the type of claim and their nature
- remedy sought
value of the claim :
- can be specific - so sum needs to be included
- can be can be unspecified - so needs to include a statement eg c expects to recover between 10 - 35k - this is used to allocate a case to a track provisionally
- or a claim saying idk how much i expect to recover
In PI claims the c needs to state if amount for ecovering pain will be more than 1.5k
A choice of HC or CC
What must the claim form state if the high court is chosen?
A special jurisdiction endorsement must be included
state C expects to receive over 100k
state that some other enactment allows the claim to start in HC and specify which
If a claim is for PI - state the claim expects to recover over 50k
state the claim is to be in one of the specialist HC lists and state which list
